UNITED STATES DEPARTMENT OF AGRJCULTURE ?i BEFORE THE SECRETARY or AGRICULTURE AWA Docket No. 09-0085 ZUULOGICAL IMPORTS 2000, a? Florida. corporation CONSENT DECISION Respondent AND ORDER This proceeding was instituted under the Animal Welfare Act, as amended (7 U.S.C. 2131 gt by an Order to Show Cause Why Animal Welfare Act License 5 E-B41306 Should Not Be Terminated ?led by complainant on March 31, 2009. This decision is entered pursuant to the consent decision provisions of the Rules of Practice applicable t.o this proceeding (7 C.F.R. 1.138). The respondent admits the facts set forth below as ?ndings of fact, speci?cally admits that the Secretary has jurisdiction in this matter, waives further procedure, and consents and agrees to the entry of this decision, for the purpose of settling this proceeding. The complainant agrees to the entry of this decision. Findings of Fact 1. Respondent Zoological Imports 2000, Inc., is a Florida corporation (?Zoological Imports, lncf?), whose registered agent is ario S. Tabruae, 16225 SW 1372 Avenue, Miami, Florida 3313?, and whose principal address is 16225 SW Avenue, Miami, Florida 3318?. At all -material times alleged herein said respondent was operating as a dealer, as that term is de?ned in the Act and the Regulations, and held AWA license Mario S. Tabraue is an o?icer (President) and director of respondent Zoological Imports, It1e., and was the signatory of respondeot?s 2008 renewal application for AWA license 53-8-0306. 2 2. On approximately September 2008, Mario S. Tabraue, on behalf of respondent Zoological imports, Inc., and acting within the scope of his employment andfor ollicc, negotiated the sale or acquisition of two tigers from an AWA- licensed exhibitor whose principal is Hhagavan Antle (?Antle?). Respondent Zoological Imports, inc. l'urtl1er negotiated the transfer or sale of one of said tigers to Thunderhawk Big Cat Encounter, LLC (?Tl1nnderhawlc?), through one of its principals, Ray Thunderhawk. At no time has Thunderhawk held an AWA license. 3. On or about September 27, 2008, acquired the two tigers from Antle and transported them from South Carolina or Boston, Massachusetts, to Miami, Florida. 4. On or about October 3, 2008, Thunderhawlt delivered one of the two tigers to respondent Zoological Imports, Inc.. 5. On or about Oerober 3, 2008, respondent Zoological Imports, Inc., through Mr. Tabraue, falsified an API HS Form 7020 (Record ofAequisition, Disposition or Transport of Animals (Other Than Dogs and Cats)), to misrepresent that respondent had acquired the two tigers directly from Antle, and that the animals had been delivered to respondent by an employee of Antle. 6. On or about October 3, 2008, respondent Zoological Imports, Inc., through Mr. Tabrane, prepared a second APT-HS Form ?020 {Record of Acquisition, Disposition or Transport of Animals (Other Than Dogs and Cats)), falsely representing that respondent Zoological Trnports, Inc. had delivered a tiger to by ?donation,? falsely representing that the Thunderhawk?s AWA license was ??pending,?? and falsely representing that the tiger had been in the possession of respondent. 7. During a routine inspection of Zoological Imports, Inc. on October 15, 2008, USDA 3 Veterinary Medical Moore inquired as to the acquisition ofdisposition of animals since the previous inspection. Respondent Zoological Imports, ine., through Mr. Tabraue, knowingly made false and ?audulent statements to Dr. Moore regarding the two tigers, and knowingly provided Dr. Moore with the two falsi?ed and fraudulent 7020 Forms to corroborate the false statements. On or about October 16, 2008, respondent Zoological Imports, lnc., through Mr. Tabraue, admitted to Dr. Moore that the two Fonns 7020 were false and fraudulent, and that Mr. Tabraue had knowingly created and submitted them to Dr. Moore. Conclusions of Law The respondent has admitted the facts set l"orth above and the parties bave agreed to the entry of this decision. Therefore, such decision will be entered. ?dsr If upon service of a duly-issued subpoena, respondent's registered agent and president, Mario Tabraue, fails to appear in In re Thuaderhawk Big Cat Encounter, AWA Docket No. D-09- or in any other Act proceeding before the Secretary that involves the admitted facts set forth in the Findings of Fact above, or to testify as to such facts admitted herein, this consent decision and order shall be vacated, and the instant administrative (AWA Docket No. 09-0085) to terminate Animal Welfare Act license S8-B-U306 shall proceed. tiff fit! fiff Mi 4 The provisions of this order shall become effective on May 10, 2009. Copies of this decision shall be served upon the parties. ZCIOLOGICAL LMPORTS 2000, INC, 21 Florida corporation Respondent on Mario Tabraue, President Colleen A. Carroll Attorney for Complainant Done at ?ashington DC. this 27'' day of 1' ,2[l09 7 I Administrative Law Judge